In addition to the terms and conditions set out below, your booking is subject to the Product Specific Terms and Conditions.
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1 Booking Terms and Conditions Updated on 1 March 2015 If you made a booking before 1 March 2015, click here General terms and conditions In addition to the terms and conditions set out below, your booking is subject to the Product Specific Terms and Conditions. 1. Introduction a) LMnext UK Ltd (trading as lastminute.com) owns and operates the Website and all other Booking Channels (as defined at clause 2 below). LMnext UK Ltd is a company registered in England and Wales under company number with its registered office at 77 Hatton Garden, London, EC1N 8JS, United Kingdom and its VAT number is GB b) LMnext UK Ltd and LMnext Services (UK) Limited and other companies that from time to time are part of the Bravofly Rumbo Group of companies (collectively our, we, us or lastminute.com ) provide you with booking services via our Booking Channels that facilitate transactions between you and suppliers of the Products (as defined at clause 2 below). c) Save as otherwise required by law, we are appointed by suppliers as their agent to act for and on their behalf in relation to your booking of a Product. Therefore, when you book a Product your contract for the provision of the Product is directly between you and the supplier, and these Booking Terms and Conditions are your contract with us solely in respect of your use of our booking services via our Booking Channels. For information regarding when and how your contract is formed with the supplier, please see clause 3 below. d) These Booking Terms and Conditions do not affect any other legal rights that you may have. Your local Citizens Advice Bureau can give you help and advice about your consumer rights. e) We can change these Booking Terms and Conditions at any time, and this version of the Booking Terms and Conditions cancels and replaces all previous versions of our Booking Terms and Conditions. You will however only be bound by the Booking Terms and Conditions that you agreed to at the time of your booking. f) You must be at least 18 years old to make a booking and have legal capacity to be bound by these Booking Terms and Conditions.
2 g) You acknowledge and agree that you have authority to act for or on behalf of, and to bind to any contract, any person included in a booking. You should print a copy of these Booking Terms and Conditions or save them to your computer for future reference. 2. Definitions Booking Channels means all of lastminute.com s Product distribution channels (including, but not limited to, the Website, lastminute.com s other websites, applications and customer services call centres); Booking Fees means the fees (if any) we charge (per person or per booking, as applicable) for providing the booking services via our Booking Channels; Booking Terms and Conditions means these General Terms and Conditions, the applicable Product Specific Terms and Conditions, our Website Terms of Use, our Privacy Policy and our Cookies Policy; City Break or Flight + Hotel means the combination of transport and accommodation offered for an all-inclusive price, individually chosen by you, on our City Break/Flight + Hotel booking path. If you have any doubt as to whether you have booked a City Break/Flight + Hotel, please refer to your confirmation ; Product means a Hotel, a Flight, a Eurostar train ticket, a Theatre/Entertainment product or a City Break/Flight + Hotel that is booked via any of our Booking Channels; Product Specific Terms and Conditions means the booking terms and conditions that are specific to a Product; and Website means or any domain name owned by us that diverts to however accessed (including, for the avoidance of doubt, when accessed via any computer, tablet or mobile device). These definitions apply to these General Terms and Conditions and each of the Product Specific Terms and Conditions. 3. Formation of your contract with the supplier a) We act as agent for the suppliers; when we display suppliers Products on our Booking Channels, we are, on behalf of the supplier, inviting you to make an offer for their purchase. b) Your contract with the supplier for the Product is formed as follows: i. Once you have clicked "Pay Now with Card" at the shopping basket stage of the booking path or you confirm with the customer services representative that you would like to
3 make a purchase, you have made an offer to purchase the Product from the supplier for whom we are acting as agent. ii. iii. iv. We are authorised by each of the suppliers to accept or reject your offer on their behalf. When you make an offer to purchase a Product, acceptance of your offer occurs when we send you an confirming your booking, on behalf of the supplier. It is at this point that a contract is formed between you and the supplier for the Products. All bookings are subject to availability. 4. Pricing errors, accuracy of Website content, and changes to law a) We will endeavour to correct errors and omissions on the Website or elsewhere, and take appropriate action as soon as practicable after being notified of them. Neither we nor the supplier are under any obligation to honour bookings for Products where there is a pricing error, even if you have received a confirmation . In these circumstances, we reserve the right to correct any pricing errors on the Website and to either offer you the opportunity to keep your booking at the correct price or cancel your booking without liability. b) Images and descriptions on the Website are provided by the supplier of the Product and are for illustrative purposes only, to give a general feel for the Product, and are not intended to be exact representations of the Product that you have booked. c) Save as otherwise stated in these Booking Terms and Conditions, in the event of any new laws or regulations resulting in any new, or increases to existing, taxes, charges or other fees, we reserve the right to pass on such amounts to you, whether or not your booking has been confirmed. 5. Promotional codes The use of promotional codes as part of your booking ( Promo Code ) is subject to: i. the relevant terms and conditions applicable to the Promo Code; ii. iii. these Booking Terms and Conditions; and the terms and conditions of the supplier of the Product. 6. Price Match Guarantee Our Price Match Guarantee will apply when you book a Hotel or City Break/Flight + Hotel. Please see our Price Match Guarantee Terms and Conditions. 7. Automatic right to cancel under Distance Selling Regulations You do not have the automatic right to cancel your contract under the UK Consumer Protection (Distance Selling) Regulations 2000, or other equivalent or replacement consumer legislation that
4 may apply from time to time. Parts of this legislation do not apply to contracts for the provision of accommodation, transport, catering or services related to leisure activities, if the contract provides for a specific date or period of performance. 8. Events outside our control a) Save as otherwise required by law or provided in these Booking Terms and Conditions: i. We will not be liable for any failure to perform, or delay in performance of, any of our obligations under these Booking Terms and Conditions that is caused by an Event Outside Our Control. An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster (for example, a volcanic eruption or hurricane), or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport. ii. If an Event Outside Our Control takes place that affects the performance of our obligations under your contract with us: we will use reasonable efforts to contact you as soon as reasonably possible using the contact details you provided at the time of booking; and our obligations under these Booking Terms and Conditions will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. b) For the avoidance of doubt, Events Outside Our Control may also affect the supplier s ability to provide a Product, or may affect your enjoyment of a Product. In these circumstances please check the Website for any travel information, take note of any travel warnings on government websites, and check your s for any other information. If you have any concerns about your travel arrangements, please contact our customer services team, who will be working with the supplier to resolve any issues. 9. Privacy and cookies Information regarding the way in which we process personal information and how cookies are used on the Website can be found in our Privacy Policy and our Cookies Policy. 10. Our liability a) Save as otherwise required by law or provided in these Booking Terms and Conditions, as a booking service provider and the agent of the suppliers, we are not liable for the provision of the Products or any failing in the provision thereof, and we are not, under any circumstances, liable for any act or omission of the supplier.
5 b) If we breach these Booking Terms and Conditions, we will only be liable for any loss or damage you suffer to the extent that it was a direct and foreseeable result of our breach or our negligence. We are not liable for any loss or damage that is not direct or foreseeable. Loss or damage is foreseeable if it was a natural consequence of our breach or negligence, or if it was contemplated by you and us at the time we entered into these Booking Terms and Conditions. c) We do not in any way exclude or limit our liability for: i. death or personal injury caused by our negligence; ii. iii. fraud or fraudulent misrepresentation; or any other limitation that is excluded by law from time to time. d) Our liability is reduced insofar as you receive any sums under a travel insurance policy. 11. Third party rights These Booking Terms and Conditions are between you and us (and any other persons named on the booking). No other person shall have any rights to enforce these Booking Terms and Conditions. 12. Severance If any court of competent authority finds that any clause of these Booking Terms and Conditions is invalid, illegal or unenforceable, that clause (or part thereof) shall, to the extent required, be deemed to be deleted, and the validity and enforceability of the other clauses of these Booking Terms and Conditions shall not be affected. 13. Waiver a) If we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. b) If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you. 14. Applicable law a) These Booking Terms and Conditions are governed by English law and any dispute or claim arising out of or in connection with your booking will be governed by the laws of England and Wales.
6 b) You agree that the courts of England and Wales will have jurisdiction to settle any dispute or claim arising out of or in connection with these Booking Terms and Conditions or their subject matter or formation. If you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland. Hotel Important Note: These terms and conditions apply to a standalone Hotel booking only. If you have booked a City Break/Flight + Hotel, please read the correct Product Specific Terms and Conditions. If you have any doubt as to whether you have booked a City Break/Fight + Hotel, please refer to your confirmation . In addition to the terms and conditions set out below, your Hotel booking is subject to the General Terms and Conditions. 1. Your contract a) As outlined in the General Terms and Conditions, we provide you with booking services that facilitate the contract between you and the accommodation provider. We are appointed by the accommodation provider as their agent to act for and on their behalf in relation to your booking. Therefore, when you book a Hotel your contract for the provision of accommodation is directly between you and the accommodation provider, and these Booking Terms and Conditions are your contract with us solely in respect of your use of our booking services via our Booking Channels. References to accommodation provider means the operator of any hotel, guesthouse, bed and breakfast, hostel, inn, apartment or other location providing accommodation services, and any aggregator or distributor of the same. b) For information about the terms of your contract with the accommodation provider, please refer to the accommodation provider s website (if applicable) or your confirmation . Find general information about Hotel products on lastminute.com s Useful Information page. 2. The price and payment a) Hotel rates stated on our Booking Channels are inclusive of VAT (where applicable) and all fees, and are calculated on a per room, per night basis. b) Please note that Hotel rates do not include the following additional costs (where applicable): i. local city, tourist, resort or other taxes which need to be paid directly to the accommodation provider; and ii. unless otherwise stated, fees for supplementary services that may be offered by the accommodation provider, including, but not limited to, supplements for extra people not included in the original
7 booking; drinks and meals; phone calls; films; items from the mini-bar; and tips, which need to be paid directly to the accommodation provider. c) Please note that we are not able to issue VAT invoices for your booking. 3. On arrival a) Unless otherwise specified in your confirmation , you must show your confirmation and the payment card used to make the booking on arrival at the hotel. b) It is your responsibility to ensure that you have received your confirmation . We are not liable if you do not receive your confirmation due to circumstances reasonably outside of our control including, but not limited to the following: (i) you gave us an incorrect address; (ii) your settings won t allow our to reach you; or (iii) your settings treat our as spam. 4. Amendments, cancellations, no-shows and/or refunds a) If you wish, or the accommodation provider wishes, to amend or cancel your Hotel booking for any reason, we will deal with the amendment or cancellation as agent on behalf of the accommodation provider. Your eligibility for refunds or any other compensation sought will be subject to any cancellation policy applied by the accommodation provider, in accordance with your contract. Details of your accommodation provider s cancellation policy are made available to you at the time of booking and in your confirmation . b) Where authorised, we will pass any refunds or compensation we receive on to you. c) If, as a result, your booking is cancelled and a new booking is made, please note that payment for the new booking and (if due) any refund on the cancelled booking will be processed separately, and it may take a minimum of 5-10 working days for the refund to be processed. Amendment/cancellation by you d) It is your responsibility to check the details of your booking. If you have made a mistake it cannot always be rectified after your booking has been confirmed. e) Amendments to your Hotel booking are not permitted. In order to make any changes to your original booking, it will be cancelled and a new booking made. We cannot guarantee that the original Hotel rates will be available for your new booking. f) Cancellation of an existing booking (regardless of whether a new booking is made) may be subject to an administration fee charged by the accommodation provider (which may be equal to or greater than, the total amount of your booking). g) In addition, lastminute.com may charge an administration fee for changes to your booking. If the changes affect more than one person on the booking then we may charge an administration fee per person.
8 h) Please note that Booking Fees and credit card fees are non-refundable. Cancellation by us or the accommodation provider i) In the unlikely event that the accommodation provider cancels your booking, we will use reasonable efforts to contact you as soon as reasonably possible using the contact details you provided at the time of booking. If the accommodation provider is unable to fulfill your booking and is unable to provide an alternative, your booking will be cancelled with a full refund. In these circumstances, we can assist you to make a new booking with an alternative accommodation provider. j) If your booking is cancelled due to a pricing error, please refer to clause 4 of the General Terms and Conditions. No-shows or late arrivals k) If you don t show up or you arrive late, the accommodation provider s no show/late arrivals policy will apply. If your Hotel is overbooked on arrival l) In the unlikely event that the Hotel is overbooked on arrival, we will not be liable. The accommodation provider is responsible for finding you suitable alternative accommodation. Eurostar only Important Note: These terms and conditions apply to a standalone Eurostar train booking only. If you have booked a City Break/Flight + Hotel, please read the correct Product Specific Terms and Conditions. If you have any doubt as to whether you have booked a City Break/Flight + Hotel, please refer to your confirmation . In addition to the terms and conditions set out below, your Eurostar train booking is subject to the General Terms and Conditions. 5. Your contract c) As outlined in the General Terms and Conditions, we provide you with booking services that facilitate the contract between you and Eurostar International Limited ( Eurostar ). We are appointed by Eurostar as their agent to act for and on their behalf in relation to your booking. Therefore, when you book a Eurostar ticket(s) your contract for the provision of the Eurostar ticket(s) is directly between you and Eurostar, and these Booking Terms and Conditions are your contract with us solely in respect of your use of our booking services via our Booking Channels. Eurostar International Limited is a company registered in England and Wales, under company number , with its registered office at Times House, Bravingtons Walk, London N1 9AW. Its VAT Number is GB
9 d) For information about the terms of your contract with Eurostar, please refer to the Eurostar website. It is your responsibility to check the Eurostar website before you travel and read the Eurostar Conditions of Carriage, which includes Eurostar s policy with regards to check in, baggage allowance/restrictions, children, and unaccompanied minors. Find general information about Eurostar tickets on lastminute.com s Useful Information page. 6. The price and payment d) The price stated on our Booking Channels for the Eurostar ticket(s) includes VAT (where applicable) and all other fees. e) Please note that unless otherwise stated, the price does not include the cost of travel to the Eurostar station(s), or food and drink consumed during travel. f) Travel to Belgium: if you have booked a Eurostar ticket to any destination in Belgium, the price stated on our Booking Channels includes a Eurostar ticket to Brussels, and a separate local train ticket between Brussels and your final destination (if applicable). 7. Receipt of travel documents and check-in a) Your confirmation will set out how to obtain your ticket(s). It is your responsibility to ensure that you have received your confirmation . We are not liable if you do not receive your confirmation due to circumstances reasonably outside of our control including, but not limited to the following: (i) you gave us an incorrect address; (ii) your settings won t allow our to reach you; or (iii) your settings treat our as spam. b) We do not issue paper tickets for Eurostar, but your confirmation will include a 6 letter booking reference. You will need this booking reference in order to collect your ticket(s). We also recommend that, when collecting your ticket(s), you have your payment card used to make the booking with you: Automated ticket machines: in most cases you will need to print your ticket(s) at the departure station from one of the automated ticket machines. Print at home: alternatively you may login to the Eurostar website to print your ticket(s) at home. c) Travel to Belgium: please refer to the instructions for collecting your ticket(s) in your confirmation Passport and visas It is your responsibility to ensure that you meet all applicable travel requirements of the countries you are travelling to (including countries travelled through for stop over purposes only). We are not liable if you or any person in your booking is denied boarding, deported or charged a fine due to non-compliance with any governmental rules and regulations.
10 Find more information about passport, visa and other requirements and restrictions on lastminute.com s Useful Information page. 9. Lost, stolen, destroyed or damaged tickets a) We are not liable for any ticket that is lost, stolen, destroyed or damaged. It is not always possible to issue replacement tickets. Replacements are issued at the discretion of Eurostar and may be subject to them charging you an administration charge. b) Removing any part of, altering or defacing your ticket(s) may invalidate your ticket(s). 10. Amendments, cancellations, no-shows and/or refunds a) If you wish, or Eurostar wishes, to amend or cancel your Eurostar booking for any reason, we will deal with the amendment or cancellation as agent on behalf of Eurostar. Your eligibility for refunds, or any other compensation sought will be subject to Eurostar s cancellation policy, in accordance with your contract. b) Where authorised, we will pass any refunds or compensation we receive on to you. Amendment/Cancellation by you c) It is your responsibility to check the details of your booking. If you have made a mistake it cannot always be rectified after your booking has been confirmed. Please note that Eurostar does not generally permit changes to bookings or allow refunds. Please contact Eurostar directly with your 6 letter booking reference. Any permitted changes may be subject to Eurostar charging you an administration fee (which may be equal to or greater than, the total amount of your booking). d) In addition, lastminute.com may charge an administration fee for changes to your booking. If the changes affect more than one person on the booking then we may apply an administration fee per person. e) Please note that Booking Fees and credit card charges are non-refundable. Amendment/cancellation by us or Eurostar or train service disruption f) In the unlikely event that Eurostar cancels your booking (for example because the train has been overbooked), or is otherwise unable to fulfill your booking, we will use reasonable efforts to contact you as soon as reasonably possible using the contact details you provided at the time of booking. If Eurostar is unable to fulfill your booking and is unable to provide an alternative, your booking will be cancelled with a full refund.
11 g) If your booking is cancelled due to a pricing error, please refer to clause 4 of the General Terms and Conditions. h) Delayed or cancelled trains: where the train is delayed or cancelled, you may be required to continue your journey via alternative transport. For further information about the options available to you in these circumstances, please contact Eurostar directly. i) Changes to train times: the train time displayed on your ticket(s) may change between the date of your booking and the date of travel, for example due to engineering works or other incidents. It is your responsibility to check the Eurostar website for any changes to the train time before you travel. If you don t show up, miss your Eurostar train or your connecting train j) Eurostar tickets are only valid for travel on the date and on the train displayed on the ticket. If you don t show up or miss the train specified on your ticket(s), you will not be able to use your ticket(s) on another train. If you board any train other than the one specified on your ticket(s), you will have to pay Eurostar the full fare for a ticket for the train you have boarded. A refund may be available on the original ticket(s) held depending on the ticket type. For further information about your eligibility for a refund in these circumstances, please contact Eurostar directly. k) You are responsible for making sure that you go to the correct Eurostar departure station, board the correct train and that you get off at the correct station, all as stated on your ticket(s). We will not be responsible for any loss or delay caused as a result of you going to an incorrect station, boarding the wrong train or getting off at the wrong station. l) You must allow yourself sufficient time prior to departure in order to check in, otherwise you may not be allowed to board your train. Flight Important Note: These terms and conditions apply to a standalone Flight booking only. If you have booked a City Break/Flight + Hotel, please read the correct Product Specific Terms and Conditions. If you have any doubt as to whether you have booked a City Break/Flight + Hotel, please refer to your confirmation . In addition to the terms and conditions set out below, your Flight booking is subject to the General Terms and Conditions. 1. Your contract
12 e) As outlined in the General Terms and Conditions, we provide you with booking services that facilitate the contract between you and the airline. When you book a Flight via our Booking Channels, LMnext Services (UK) Limited (part of the Bravofly Rumbo group of companies) acts as agent between you and the airline. LMnext Services (UK) Limited is a company registered in England and Wales under company number , with its registered address at 77 Hatton Garden, London EC1N 8JS. Its VAT number is GB Therefore, when you book a Flight, your contract for the provision of the Flight is directly between you and the airline, and these Booking Terms and Conditions are your contract with us solely in respect of your use of our booking services. If you have booked a combination of one-way Flights (whether or not with a different airline) you will have a separate contract for the provision of each Flight. Scheduled Flights f) If you have booked a scheduled Flight, for information about the terms of your contract with the airline, we recommend that you refer to the airline s website which will contain important information about your booking, including: i. Fare Rules: specific rules applicable to the type of fare you have booked, including rules regarding cancellation and amendments to your booking; and ii. Conditions of Carriage: such as arrival and check in times, baggage allowance policies, policies regarding children, pregnant women and unaccompanied minors. It is important that you check the airline s website before you fly as individual policies vary between airlines. Please review our FAQs for further information. If you have booked a combination of one-way Flights (whether or not with a different airline) separate Fare Rules and Conditions of Carriage may apply for each Flight. Charter Flights g) If you have booked a charter Flight, for information about the terms of your contract with the airline, please see the charter airline s terms and conditions. Find general information about Flight products on lastminute.com s Useful Information page. 2. ATOL/Flight-Plus financial protection a) If your Flight booking is financially protected under the ATOL/Flight-Plus scheme, you will receive an ATOL Certificate. This lists what is financially protected, where you can get information on what this means for you and who to contact if things go wrong.
13 b) We will provide you with the services listed on the ATOL Certificate (or a suitable alternative). In some cases, where we aren t able to do so for reasons of insolvency, an alternative ATOL holder may provide you with the services you have bought or a suitable alternative (at no extra cost to you). You agree to accept that in those circumstances the alternative ATOL holder will perform those obligations and you agree to pay any money outstanding to be paid by you under your contract to that alternative ATOL holder. However, you also agree that in some cases it will not be possible to appoint an alternative ATOL holder, in which case you will be entitled to make a claim under the ATOL scheme (or your credit card issuer where applicable). c) If we are unable to provide the services listed (or a suitable alternative, through an alternative ATOL holder or otherwise) for reasons of insolvency, the Trustees of the Air Travel Trust may make a payment to (or confer a benefit on) you under the ATOL scheme. You agree that in return for such a payment or benefit you assign absolutely to those Trustees any claims which you have or may have arising out of or relating to the non-provision of the services, including any claim against us, the travel agent (or your credit card issuer where applicable). You also agree that any such claims may be re-assigned to another body, if that other body has paid sums you have claimed under the ATOL scheme. d) For information about whether your Flight booking is protected under the ATOL/Flight-Plus scheme, please read the Financial Protection section of our Useful Information page. 3. The price and payment a) The prices stated for Flights on our Booking Channels are inclusive of VAT (where applicable), Booking Fees, and taxes, charges, and surcharges. b) Please note that the price does not include the following additional costs (where applicable): i. additional mandatory departure taxes or fees that you may be required to pay directly to the airport or local authorities in order to board your flight; and ii. unless otherwise stated, fees for optional extras that may be offered by the airline, including baggage allowance, boarding passes, and allocated seating. Baggage: baggage policies vary between airlines, and it is your responsibility to check the airline s baggage policy before your flight to avoid incurring additional fees. Transit and transfers: it is your responsibility to check the terminal and/or airport for each Flight in your booking, and you are responsible for all related costs for transit and transfers. 4. Receiving your ticket/booking documentation and check-in a) We will send you your confirmation together with any other necessary information including e-ticket (if appropriate) for your Flight booking. It is your responsibility to ensure that you have received your confirmation and/or e-ticket. b) We are not liable if you do not receive your confirmation , e-ticket or any other information due to circumstances reasonably outside our control including, but not limited to, the following: (i) you gave us an incorrect address; (ii) your settings won t allow our to reach you; or (iii) your settings treat the as spam.
14 c) Removing any part of, altering or defacing your ticket may invalidate your ticket. d) It is important that you read the airline s check in policy carefully, to avoid incurring additional costs or not being allowed to board your flight, as it may be mandatory to check in online before you arrive at the airport. Find general information about checking in for your Flight on lastminute.com s Useful Information page. 5. Passport, visas and medical matters a) It is your responsibility to ensure that you meet all applicable travel requirements of the countries you are travelling to (including countries travelled through for stop over purposes only), including in relation to the following: Passport requirements: visit the UK Passport Agency website for details of rules such as passport validity, or rules regarding a child s documentation; Visas requirements: check with the relevant destination country embassy (including the embassy on any country you will travel through for stop over purposes) for information about visas requirements; Health/Medical advice: the Department of Health, your GP or a specialist travel clinic and the Foreign & Commonwealth Office can provide you with health advice about your destination, and any vaccination requirements; and Airline rules regarding pregnant women, children and unaccompanied minors: please check the airline s policy regarding pregnant women, travelling with children and travel by unaccompanied minors. Find more information about passport, visa and other requirements and restrictions on lastminute.com s Useful Information page. b) We are not liable if you or any person in your booking is denied boarding, deported or charged a fine due to non-compliance with the airlines and/or other governmental rules and regulations. 6. Amendments, cancellations, no-shows and/or refunds a) If you wish, or the airline wishes, to amend or cancel your Flight booking for any reason, we will deal with the amendment or cancellation between you and the airline. Your eligibility for refunds or any other compensation will be subject to the cancellation policy applied by the airline, in accordance with your contract (including the airline s Fare Rules and Conditions of Carriage). b) Where authorised, we will pass any refunds or compensation we receive on to you. Please note that the refund process through the airline may take between 8 to 16 weeks. c) If you have booked a combination of one-way Flights (whether or not with different airlines), and one Flight is affected by an amendment or cancellation that causes you to make changes to the other Flight, you will be responsible for any fees incurred for making changes to or cancelling the unaffected Flight.
15 Amendment/cancellation by you d) It is your responsibility to check the details of your booking. If you have made a mistake it cannot always be rectified after your booking has been confirmed. e) If you wish to cancel or amend your Flight booking for any reason, your request will be subject to the airline s Fare Rules. Cancellations and amendments may be subject to the airline charging an administration fee for any change (which may be equal to or greater than the total amount of your booking). f) In addition, lastminute.com may charge an administration fee for any changes to your booking. If the changes affect more than one person on the booking, then we may charge an administration fee per person. g) Please note that Booking Fees and credit card charges are non-refundable. Amendment/cancellation by us or the airline h) In the unlikely event that the airline cancels or amends your booking (for example due to scheduling changes), or is otherwise unable to fulfil your booking, we will use reasonable efforts to contact you as soon as reasonably possible using the contact details you provided at the time of booking. If the airline is unable to fulfill your booking and is unable to provide an alternative, your booking will be cancelled with a full refund. i) If your booking is cancelled due to a pricing error, please refer to clause 4 of the General Terms and Conditions. j) Changes to flight times: the flight time displayed on your ticket may change between the date of your booking and the date of travel, for example due to rescheduling or other incidents. It is your responsibility to check the airline s website for any chance to the flight time before you travel. If you don t show up/miss your Flight k) If you don t show up or miss your Flight, any requests for amendments to or refunds will be subject to the airline s Fare Rules. We may be able to process a refund on parts of your unused ticket (for example, departure taxes), subject to our administration fee (that applies per ticket) that will be deducted from the amount to be refunded. Please see our Useful Information page for further information. l) If you don t show up or miss your departing Flight, we cannot guarantee that the airline will allow you to take your return Flight. m) You are responsible for making sure that you go to the correct the terminal and/or airport for each Flight in your booking. We will not be responsible for any loss or delay caused as a result of you going to an incorrect terminal and/or airport. n) You must allow sufficient time prior to departure in order to check in for your Flight and clear security, otherwise you may not be allowed to board your Flight. 7. Denied boarding (Flight delays or cancellations)
16 a) If your Flight is delayed or cancelled, you may be required to continue your journey via alternative transport. For further information about the options available to you in these circumstances, please contact the airline directly. b) If your Flight is delayed or cancelled, you may have rights to a refund and/or compensation from the airline under European Regulation (EC) No 261/2004 (the Denied Boarding Regulation) or other equivalent or replacement legislation. This however, is the responsibility of the airline and we are not liable under any circumstances. If your Flight is delayed or cancelled any claims for refunds or compensation must be made directly to the airline. c) For further information on your rights in these circumstances please check at the airport or on the airline s website. 8. Additional products booked at the time of your Flight booking If at the time of your Flight booking, you also booked additional products, please check the Terms and Conditions Homepage. City Break / Flight + Hotel Important Note: These terms and conditions apply to a City Break/Flight + Hotel booking only. If you have booked a standalone Hotel, Flight or Eurostar, please refer to the applicable Product Specific Terms and Conditions. If you have any doubt as to whether you have booked a City Break/Flight + Hotel, please refer to your confirmation . In addition to the terms and conditions set out below, your City Break/Flight + Hotel booking is subject to the General Terms and Conditions. 1. Your contract a) The contract for your City Break/Flight + Hotel is between you and LMnext UK Limited (part of the Bravofly Rumbo group of companies). LMnext UK Limited is a company registered in England and Wales under company number , with its registered office at 77 Hatton Garden, London EC1N 8JS. Its VAT number is GB Although your contract is with LMnext UK Limited, the components of your City Break/Flight + Hotel are provided by third party suppliers. third party supplier means either (i) the airline, for a Flight; (ii) the accommodation provider, for a Hotel; or (iii) Eurostar, for a Eurostar ticket. These third party suppliers may also have terms and conditions that apply to your booking. Please note the following in relation to the components of your booking:
17 b) For a Scheduled Flight: If your booking includes a scheduled flight, we recommend that you refer to the airline s website which will contain important information about your booking, including: i. Fare Rules: specific rules applicable to the type of fare you have booked, including rules regarding cancellation and amendments to your booking; and ii. Conditions of Carriage: such as arrival and check in times, baggage allowance policies, policies regarding children, pregnant women and unaccompanied minors. It is important that you check the airline s website before you fly as individual policies vary between airlines. Please review our FAQs for further information. If you have booked a combination of one-way flights (whether or not with a different airline) separate Fare Rules and Conditions of Carriage may apply for each flight. For a Charter Flight: If your booking includes a charter flight, for information about the terms of your contract with the airline, please see the charter airline s terms and conditions. c) For a Hotel: Please refer to the accommodation provider s website (if applicable) or your confirmation . d) For Eurostar: Please check the Eurostar website before you travel and read the Eurostar Conditions of Carriage, which includes Eurostar s policy with regards to check in, baggage allowance/restrictions, children, and unaccompanied minors. Find general information about City Break/Flight + Hotel products on lastminute.com s Useful Information page. e) If at the time of your City Break/Flight + Hotel booking, you also booked additional products such as travel insurance or car hire, please refer to clause 12 below. f) If you included baggage in your booking, please refer to clause 3(b) below. 2. ATOL/ABTA financial protection We provide full financial protection for all our City Break/Flight + Hotel bookings. Flight + Hotel bookings a) For flight-based City Break/Flight + Hotel bookings, financial protection is through our Air Travel Organiser s Licence number When you make a City Break/Flight + Hotel booking with us you will receive an ATOL Certificate. This lists what is financially protected, where you can get information on what this means for you and who to contact if things go wrong. b) We will provide you with the services listed on the ATOL Certificate (or a suitable alternative). In some cases, where we aren t able to do so for reasons of insolvency, an alternative ATOL holder may provide you
18 with the services you have bought or a suitable alternative (at no extra cost to you). You agree to accept that in those circumstances the alternative ATOL holder will perform those obligations and you agree to pay any money outstanding to be paid by you under your contract to that alternative ATOL holder. However, you also agree that in some cases it will not be possible to appoint an alternative ATOL holder, in which case you will be entitled to make a claim under the ATOL scheme (or your credit card issuer where applicable). c) If we are unable to provide the services listed (or a suitable alternative, through an alternative ATOL holder or otherwise) for reasons of insolvency, the Trustees of the Air Travel Trust may make a payment to (or confer a benefit on) you under the ATOL scheme. You agree that in return for such a payment or benefit you assign absolutely to those Trustees any claims which you have or may have arising out of or relating to the non-provision of the services, including any claim against us, the travel agent (or your credit card issuer where applicable). You also agree that any such claims may be re-assigned to another body, if that other body has paid sums you have claimed under the ATOL scheme. Eurostar + Hotel bookings d) For Eurostar + Hotel bookings (booked through our City Break/Flight + Hotel path) that do not include a flight, protection is provided by way of a bond held by ABTA Limited, under ABTA membership number E7760 / V7780. For further information about the ATOL/ABTA schemes, please refer to the Financial Protection section of our Useful Information page. 3. The price and payment What is included in the price of your City Break/Flight + Hotel a) The prices stated on our Booking Channels for a City Break/Flight + Hotel are inclusive of VAT (where applicable), Booking Fees, and any applicable ABTA/ATOL levy, and are based on a price for 2 adults. b) Except, in relation to the following components of your City Break/Flight + Hotel booking: i. For a flight the price does not include: o o additional mandatory departure taxes or fees that you may be required to pay directly to the airport or local authorities in order to board your flight; and unless otherwise stated, fees for optional extras that may be offered by the airline, including baggage allowance, boarding passes, allocated seating. Baggage: baggage policies vary between airlines, and it is your responsibility to check the airline s baggage policy before your flight to avoid incurring additional fees. Transit and transfers: it is your responsibility to check the terminal and/or airport for each flight in your booking, and you are responsible for all related costs for transit and transfers.
19 ii. For a hotel the price does not include: o o local city, tourist, resort or other taxes (where applicable) which need to be paid directly to the accommodation provider; and unless otherwise stated, fees for supplementary services that may be offered by the accommodation provider, including, but not limited to, supplements for extra people not included in the original booking; drinks and meals; phone calls; films; items from the mini-bar; and tips, which need to be paid directly to the accommodation provider. iii. For Eurostar: unless otherwise stated, the price does not include the cost of travel to the Eurostar station(s), or food and drink consumed during travel. Travel to Belgium: if you have booked a Eurostar ticket to any destination in Belgium, the price stated on our Booking Channels includes a Eurostar ticket to Brussels, and a separate local train ticket between Brussels and your final destination (if applicable). c) Please note that we are not able to issue VAT invoices for your City Break/Flight + Hotel booking. Changes to the price of your City Break/Flight + Hotel d) Once you have paid and received your confirmation , any change to the price of your booking will only relate to the following: (i) transportation, including fuel costs; (ii) dues, taxes or fees chargeable for services such as landing taxes, or departure or arrival fees at ports and airports; or (iii) exchange rates. There will be no price changes less than 30 days before your departure date. e) You will only have to pay for price increases over 2% of the original price, and if the price increase is more than 10%, we will offer you (where possible): i. a substitute City Break/Flight + Hotel of equivalent or superior quality; or ii. a substitute City Break/Flight + Hotel of lower quality, and a refund for the difference in price between the substitute and the original booking; or If we cannot offer you a substitute, you can cancel your booking with a full refund excluding any credit card and/or Booking Fees. f) If these price variations lower the price of your booking, we will pass any refund that we receive on to you. 4. Receiving your tickets/booking documentation We will send you your confirmation together with any other necessary information for your City Break/Flight + Hotel booking. It is your responsibility to ensure that you have received your confirmation and other necessary information. We are not liable if you do not receive your confirmation or any other information due to circumstances reasonably outside our control including, but not limited to,
20 the following: (i) you gave us an incorrect address; (ii) your settings won t allow our to reach you; or (iii) your settings treat the as spam. a) For a Flight: It is important that you read the airline s check in policy carefully, to avoid incurring additional costs or not being allowed to board your flight, as it may be mandatory to check in online before you arrive at the airport. b) For a Hotel: Unless otherwise specified in your confirmation , you must show your confirmation and the payment card used to make the booking on arrival at the hotel. c) For Eurostar: We do not issue paper tickets for Eurostar, but your confirmation will include a 6 letter booking reference. You will need this booking reference in order to collect your ticket(s). We also recommend that, when collecting your ticket(s), you have your payment card used to make the booking with you: i. Automated ticket machines: in most cases you will need to print your ticket(s) at the departure station from one of the automated ticket machines. ii. Print at home: alternatively you may login to the Eurostar website to print your ticket(s) at home. Travel to Belgium: please refer to the instructions for collecting your ticket(s) in your confirmation . g) If at the time of your City Break/Flight + Hotel booking, you also booked additional products such as travel insurance or car hire, please refer to clause 12 below. Find general information about City Break/Flight + Hotel products on lastminute.com s Useful Information page. 5. Lost, stolen, destroyed or damaged tickets If you remove any part of, alter or deface your ticket may invalidate your ticket(s). 6. Other activities during your trip We are not responsible for any other activities undertaken by anyone named on your booking that are not part of your City Break/Flight + Hotel booking, including, but not limited to, the following: (i) sporting activities; (ii) excursions; or (iii) car rental. 7. Passport, visas and medical matters c) It is your responsibility to ensure that you meet all applicable travel requirements of the countries you are travelling to, including stop overs or transit: Passport requirements: visit the UK Passport Agency website for details of rules such as passport validity, or rules regarding a child s documentation;
21 Visas requirements: check with the relevant destination country embassy (including the embassy of any country you will travel through for stop over purposes) for information about visas requirements; Health/Medical advice: the Department of Health, your GP or a specialist travel clinic and the Foreign Commonwealth Office can provide you with health advice about your destination, and any vaccination requirements; and Airline/Eurostar rules regarding pregnant women, children and unaccompanied minors: please check the airline/eurostar s policies regarding pregnant women, travelling with children and travel by unaccompanied minors For information about passport, visa and other requirements or restrictions on lastminute.com s Useful Information page. d) We are not liable if you or any person in your booking is denied boarding, deported or charged a fine due to non-compliance with the third party suppliers and/or other governmental rules and regulations. 8. Amendment, cancellations and/or refunds Amendment/cancellation by you a) City Break/Flight + Hotel bookings are non-changeable and non-refundable once your booking has been confirmed. b) Any exceptions to this may be subject to administrations fees charged by lastminute.com and/or by one or more of the third party suppliers. If your booking needs to be cancelled (for whatever reason) and a new booking made, payment for the new booking and (if due) any refund on the cancelled booking will be processed separately. If the change relates to any other additional product that was booked at the time of your City Break/Flight + Hotel booking (such as car hire or travel insurance), please refer to clause 12 below. Amendment/Cancellation by us or one of the third party suppliers c) In the unlikely event that one or more of the third party suppliers cancels or amends part of your booking, we will use reasonable efforts to contact you as soon as reasonably possible using the contact details you provided at the time of booking. Subject to (e) below, if one or more of the third party suppliers is unable to fulfill part of your booking, we will use reasonable efforts to find an appropriate substitute. d) If your booking is cancelled due to a pricing error, please refer to clause 4 of the General Terms and Conditions. e) Subject to (g) below, in the unlikely event that we have to make significant changes (as determined in our sole discretion) to your booking, or we have to cancel your booking before your departure date, we will offer you: i. (where possible) a substitute City Break/Flight + Hotel of equivalent or superior quality;
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